The Board has determined that the veteran's claim for service connection for emphysema as secondary to tobacco use and/or nicotine dependence was received prior to June 9, 1998. Therefore, the more liberal criteria set forth in VA General Counsel Opinion 2-93 should be applied. The evidence supports a finding of nicotine dependence acquired during service that led to continued smoking after discharge.
The deciding factor: The veteran's history of nicotine dependence and subsequent tobacco use is supported by his own testimony and corroborated medical records, leading the Board to conclude that service connection for emphysema should be granted as secondary to nicotine dependence.
- Claimed conditions
- emphysema
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2001
- Citation
- 0112293
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0112293.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for emphysema and pulmonary hypertension, finding that the Veteran's emphysema was caused by active service, including participation in a toxic exposure risk activity (TERA), and that his pulmonary hypertension is secondary to his emphysema.
- Partly granted
The Board denied service connection for Parkinson's disease, emphysema, muscle cramps, bilateral shoulder disability, and neck disability. However, it granted service connection for peripheral vascular disease and asthma.
- Denied
The Board denied service connection for COPD, emphysema, a chest wall condition, PTSD, adjustment disorder with mixed anxiety and depressed mood, chronic, a low back condition, TBI, and a chest tumor.
- Granted
The Board granted service connection for diabetes mellitus and emphysema, finding that the evidence is in approximate balance.
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